Bablu Mehta And Ors vs State of Jharkhand

Heard the parties through video conferencing. Learned counsel for the petitioners personally undertakes to remove the defects as pointed out by the stamp reporter within two weeks after the lockdown period is over. In view of the personal undertaking of the learned counsel for the petitioners, the defects pointed out by the stamp reporter are ignored for the present.

Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Ichak P.S. Case No.100 of 2016 (G.R. No. 1616 of 2016) registered under sections 379 of the Indian Penal Code, under section 21 of MMDR Act, 1957 and 54 of JMMC Rules, 2004 and under section 8 of Jharkhand Mineral Dealer Rule, 2007 and under section 33 of the Indian Forest Act.

The learned counsel appearing for the petitioners submits that the allegations against the petitioners are that they stored boulders and chips illegally are all false. It is further submitted by learned counsel for the petitioners that no seizure list has been prepared in connection with the alleged seizure. It is next submitted that the petitioners are ready and willing to cooperate with the investigation of the case and are also ready and willing to furnish sufficient security including cash security. It is then submitted that the co-accused persons have already been given the privilege of anticipatory bail by this Court vide order dated 15.07.2019 in A.B.A. No.4237 of 2019 and vide order dated 17.07.2019, passed in A.B.A. No. 4213 of 2019. Hence, it is submitted that the petitioners be given the privilege of anticipatory bail.

The learned Addl. PP opposes the prayer for anticipatory bail.

Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the above named petitioners. Hence, in the event of arrest by the police or surrender within a period of six weeks from the date of this order, the petitioners shall be released on bail on depositing cash security of Rs.10,000/- each and furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Hazaribagh in connection with Ichak P.S. Case No. 100 of 2016 (G.R. No. 1616 of 2016 ) subject to the condition that the petitioners will co-operate with the investigation of the case and will appear before the Investigating Officer as and when noticed by him and will submit mobile numbers and photocopy of Adhar cards at the time of surrender in the court below with an undertaking not to change mobile numbers during the pendency of the case along with the other conditions laid down under section 438 (2) Cr. P.C.